Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Rescission of Antidumping Duty New Shipper Review; 2012-2013, 40100-40101 [2013-16020]
Download as PDF
<![CDATA[
40100
Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification applies
to entries of subject merchandise during
the POR produced by Aquapharm for
which it did not know that the
merchandise it sold to an intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate effective
during the POR if there is no rate for the
intermediary involved in the
transaction.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) No
cash deposit will apply to Aquapharm,
consistent with our revocation of the
order with respect to Aquapharm,
effective April 1, 2012, as discussed
above; (2) for previously reviewed or
investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 3.10
percent, the all-others rate established
in the LTFV investigation. See 1Hydroxyethylidene-1, 1-Diphosphonic
Acid from India: Notice of Final
Determination of Sales at Less Than
Fair Value, 74 FR 10543, 10544 (March
11, 2009). These requirements, when
imposed, shall remain in effect until
further notice.
emcdonald on DSK67QTVN1PROD with NOTICES
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
VerDate Mar<15>2010
17:48 Jul 02, 2013
Jkt 229001
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
This administrative review and notice
are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: June 24, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–15892 Filed 7–2–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam:
Rescission of Antidumping Duty New
Shipper Review; 2012–2013
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Ngoc Ha Co. Ltd. Food Processing and
Trading (‘‘Ngoc Ha’’), the Department of
Commerce (‘‘the Department’’) initiated
a new shipper review of the
antidumping duty order on certain
frozen fish fillets from the Socialist
Republic of Vietnam (‘‘Vietnam’’)
covering the period August 1, 2012,
through January 31, 2013.1 On May 23,
2013, Ngoc Ha withdrew its request for
a new shipper review. Accordingly, the
Department is rescinding the new
shipper review with respect to Ngoc Ha.
DATES: Effective July 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Alexander Montoro, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
AGENCY:
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Initiation of Antidumping
Duty New Shipper Review; 2012–2013, 78 FR 18957
(March 28, 2013) (‘‘Initiation Notice’’).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0238.
Rescission of New Shipper Review
On May 23, 2013, Ngoc Ha withdrew
its new shipper review request.2 19 CFR
351.214(f)(1) provides that, the
Department may rescind a new shipper
review, if the party that requested the
review withdraws its request for review
within 60 days of the date of publication
of the notice of initiation of the
requested review. Given that Ngoc Ha
withdrew its request for a new shipper
review 55 days after the date of
publication of the notice of initiation of
the requested review, the Department is
rescinding the new shipper review of
the antidumping duty order on certain
frozen fish fillets from Vietnam with
respect to Ngoc Ha. Consequently, Ngoc
Ha will remain part of the Vietnam-wide
entity.
Assessment
Because Ngoc Ha remains part of the
Vietnam-wide entity, its entries may
become subject to review if interested
parties request an administrative review
of the antidumping duty order of certain
frozen fish fillets from Vietnam covering
the period August 1, 2012, to July 31,
2013. The opportunity to request an
administrative review of entries of
subject merchandise entered during that
period has not yet expired. Therefore,
the Department will not order
liquidation of entries for Ngoc Ha. The
Department intends to issue liquidation
instructions for the Vietnam-wide
entity, which will cover any entries by
Ngoc Ha, 15 days after publication of
the final results of the administrative
review covering the period August 1,
2012, to July 31, 2013, if such a review
is requested. If no such review is
requested, the Department will issue
liquidation instructions for the Vietnamwide entity at the appropriate time.
Cash Deposit
The Department will notify U.S.
Customs and Border Protection (‘‘CBP’’)
that bonding is no longer permitted to
fulfill security requirements for subject
merchandise produced and exported by
Ngoc Ha that is entered, or withdrawn
from warehouse, for consumption in the
United States on or after the publication
of this rescission notice in the Federal
Register. The Department will notify
CBP that a cash deposit of 2.11 U.S.
dollars per kilogram should be collected
for all shipments of subject merchandise
by Ngoc Ha entered, or withdrawn from
2 See letter from Ngoc Ha entitled ‘‘Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Withdrawal of Request for a New Shipper Review,’’
dated May 23, 2013.
E:\FR\FM\03JYN1.SGM
03JYN1
Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices
warehouse, for consumption in the
United States on or after the publication
of this rescission notice.
Notifications to Interested Parties
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing this
rescission and notice in accordance
with sections 751(a)(2)(B) and 777(i) of
the Act and 19 CFR 351.214(f)(3).
Dated: June 26, 2013.
Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2013–16020 Filed 7–2–13; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–894]
Certain Tissue Paper Products from
the People’s Republic of China:
Affirmative Final Determination of
Circumvention of the Antidumping
Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2013, the
Department of Commerce (the
Department) published the affirmative
preliminary determination of
circumvention of the antidumping duty
(AD) order on certain tissue paper
products (tissue paper) from the
People’s Republic of China (PRC).1 We
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
1 See Certain Tissue Paper Products From the
People’s Republic of China: Affirmative Preliminary
Determination of Circumvention of the
Antidumping Duty Order, 78 FR 14514 (March 6,
17:48 Jul 02, 2013
Jkt 229001
Background
On March 6, 2013, the Department
published the Preliminary
Determination finding that imports of
tissue paper processed by A.R. Printing
and Packaging India Pvt. Ltd. (ARPP) in
India, and exported to the United States,
are circumventing the AD order on
tissue paper from the PRC,2 as provided
in section 781(b) of the Tariff Act of
1930, as amended (the Act). We invited
interested parties to comment on the
Preliminary Determination. On April 19
and 24, 2013, ARPP and the petitioner 3
submitted case and rebuttal briefs,
respectively. The Department has
conducted this anti-circumvention
inquiry in accordance with section
781(b) of the Act and 19 CFR 351.225.
Scope of the Antidumping Duty Order
The tissue paper products subject to
the order are cut-to-length sheets of
tissue paper having a basis weight not
exceeding 29 grams per square meter.4
The merchandise subject to this order
does not have specific classification
numbers assigned to them under the
Harmonized Tariff Schedule of the
United States. Subject merchandise may
be under one or more of several
BILLING CODE 3510–DS–P
VerDate Mar<15>2010
gave interested parties an opportunity to
comment on the Preliminary
Determination. Based on our analysis of
these comments and the facts of record,
as verified, our final determination
remains unchanged from the
Preliminary Determination.
DATE: Effective July 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Gemal Brangman,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1766 or (202) 482–
3773, respectively.
SUPPLEMENTARY INFORMATION:
2013) (Preliminary Determination), and
accompanying memorandum entitled ‘‘Preliminary
Determination Decision Memorandum for the AntiCircumvention Inquiry on Certain Tissue Paper
Products from the People’s Republic of China
Involving AR Printing and Packaging India Pvt. Ltd.
2 See Notice of Amended Final Determination of
Sales at Less than Fair Value and Antidumping
Duty Order: Certain Tissue Paper Products from the
People’s Republic of China, 70 FR 16223 (March 30,
2005) (PRC Tissue Paper Order).
3 The petitioner is Seaman Paper Company of
Massachusetts, Inc.
4 For a complete description of the scope of the
PRC Tissue Paper Order, see memorandum entitled
‘‘Issues and Decision Memorandum for the Final
Affirmative Determination of Circumvention of the
Antidumping Duty Order on Certain Tissue Paper
Products from the People’s Republic of China (PRC)
(Final Decision Memorandum),’’ dated concurrently
with this notice.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
40101
different subheadings, including:
4802.30; 4802.54; 4802.61; 4802.62;
4802.69; 4804.31.1000; 4804.31.2000;
4804.31.4020; 4804.31.4040;
4804.31.6000; 4804.39; 4805.91.1090;
4805.91.5000; 4805.91.7000; 4806.40;
4808.30; 4808.90; 4811.90; 4823.90;
4820.50.00; 4802.90.00; 4805.91.90;
9505.90.40. The tariff classifications are
provided for convenience and customs
purposes; however, the written
description of the scope of the order is
dispositive.5
Scope of the Anti-circumvention
Inquiry
The products covered by this inquiry
are tissue paper products, as described
above in the ‘‘Scope of the Antidumping
Duty Order’’ section, which are
produced in India from PRC-origin
jumbo rolls and/or cut sheets of tissue
paper, and exported from India to the
United States. This inquiry only covers
such PRC-origin products that are
processed in India by ARPP and
exported to the United States.
Analysis of Comments Received
All issues raised in the case briefs by
parties in this circumvention inquiry are
listed in the Appendix to this notice and
addressed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice. The Issues and Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
ia/ and is on file electronically via
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit, Room 7046 of
the main Department of Commerce
building. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Determination
In the Preliminary Determination, the
Department found that imports of tissue
paper processed by ARPP in India, and
exported to the United States, are
circumventing the PRC Tissue Paper
Order pursuant to section 781(b) of the
Act. Our final determination remains
unchanged from our Preliminary
Determination. As detailed in the Issues
and Decision Memorandum, we
determine that tissue paper processed
by ARPP in India from PRC-origin
jumbo rolls and/or cut sheets of tissue
paper and exported to the United States
circumvented the PRC Tissue Paper
5 See
E:\FR\FM\03JYN1.SGM
PRC Tissue Paper Order.
03JYN1
]]>Agencies
[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40100-40101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16020]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Rescission of Antidumping Duty New Shipper Review; 2012-2013
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from Ngoc Ha Co. Ltd. Food Processing
and Trading (``Ngoc Ha''), the Department of Commerce (``the
Department'') initiated a new shipper review of the antidumping duty
order on certain frozen fish fillets from the Socialist Republic of
Vietnam (``Vietnam'') covering the period August 1, 2012, through
January 31, 2013.\1\ On May 23, 2013, Ngoc Ha withdrew its request for
a new shipper review. Accordingly, the Department is rescinding the new
shipper review with respect to Ngoc Ha.
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Initiation of Antidumping Duty New Shipper Review; 2012-
2013, 78 FR 18957 (March 28, 2013) (``Initiation Notice'').
---------------------------------------------------------------------------
DATES: Effective July 3, 2013.
FOR FURTHER INFORMATION CONTACT: Alexander Montoro, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0238.
Rescission of New Shipper Review
On May 23, 2013, Ngoc Ha withdrew its new shipper review
request.\2\ 19 CFR 351.214(f)(1) provides that, the Department may
rescind a new shipper review, if the party that requested the review
withdraws its request for review within 60 days of the date of
publication of the notice of initiation of the requested review. Given
that Ngoc Ha withdrew its request for a new shipper review 55 days
after the date of publication of the notice of initiation of the
requested review, the Department is rescinding the new shipper review
of the antidumping duty order on certain frozen fish fillets from
Vietnam with respect to Ngoc Ha. Consequently, Ngoc Ha will remain part
of the Vietnam-wide entity.
---------------------------------------------------------------------------
\2\ See letter from Ngoc Ha entitled ``Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Withdrawal of
Request for a New Shipper Review,'' dated May 23, 2013.
---------------------------------------------------------------------------
Assessment
Because Ngoc Ha remains part of the Vietnam-wide entity, its
entries may become subject to review if interested parties request an
administrative review of the antidumping duty order of certain frozen
fish fillets from Vietnam covering the period August 1, 2012, to July
31, 2013. The opportunity to request an administrative review of
entries of subject merchandise entered during that period has not yet
expired. Therefore, the Department will not order liquidation of
entries for Ngoc Ha. The Department intends to issue liquidation
instructions for the Vietnam-wide entity, which will cover any entries
by Ngoc Ha, 15 days after publication of the final results of the
administrative review covering the period August 1, 2012, to July 31,
2013, if such a review is requested. If no such review is requested,
the Department will issue liquidation instructions for the Vietnam-wide
entity at the appropriate time.
Cash Deposit
The Department will notify U.S. Customs and Border Protection
(``CBP'') that bonding is no longer permitted to fulfill security
requirements for subject merchandise produced and exported by Ngoc Ha
that is entered, or withdrawn from warehouse, for consumption in the
United States on or after the publication of this rescission notice in
the Federal Register. The Department will notify CBP that a cash
deposit of 2.11 U.S. dollars per kilogram should be collected for all
shipments of subject merchandise by Ngoc Ha entered, or withdrawn from
[[Page 40101]]
warehouse, for consumption in the United States on or after the
publication of this rescission notice.
Notifications to Interested Parties
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a). Timely
written notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing this rescission and notice in
accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR
351.214(f)(3).
Dated: June 26, 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-16020 Filed 7-2-13; 8:45 am]
BILLING CODE 3510-DS-P
